Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2003 > January 2003 Decisions > A.M. No. 99-1-01-RTC January 20, 2003 - RE: CASES LEFT UNDECIDED BY RETIRED JUDGE ANTONIO E. ARBIS, RTC, BR. 48, BACOLOD CITY:




PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

[A.M. No. 99-1-01-RTC. January 20, 2003.]

RE: CASES LEFT UNDECIDED BY RETIRED JUDGE ANTONIO E. ARBIS, REGIONAL TRIAL COURT, BRANCH 48, BACOLOD CITY.

D E C I S I O N


SANDOVAL-GUTIERREZ, J.:


On June 13, 1998, Judge Antonio E. Arbis of the Regional Trial Court (RTC), Branch 48, Bacolod City, retired compulsorily. Accordingly, the Office of the Court Administrator (OCA) sent an audit team to Bacolod City to conduct a judicial audit and physical inventory of cases pending in the said court.

On September 13, 1999, the judicial audit team submitted a Report to the OCA stating that Judge Arbis decided nine (9) criminal cases and eight (8) civil cases (enumerated below) before he retired but he promulgated the decisions after his retirement.

Criminal Cases Nos. Civil Cases Nos.

1. 10449 1. 1703

2. 11243 2. 5707

3. 12438 3. 6022

4. 12601 4. 6374

5. 12602 5. 6435

6. 12810 6. 7094

7. 13592 7. 7134

8. 93-15235 8. 95-9065 1

9. 93-15248

Likewise, Judge Arbis failed to render his decisions within the reglementary period in the following cases: Criminal Cases Nos. 5160, 5161, 10425, 10426, 10449, 11243, 12438, 12601, 12602, 12810, 13592, 93-15235, 93-15248 and 95-17079, and Civil Cases Nos. 1684, 3605, 4086, 7419.

When directed by this Court to submit his comment, Judge Arbis explained that on June 11, 1998, or two days before his compulsory retirement on June 13, 1998, he signed his decisions in the nine (9) criminal cases enumerated above. Consequently, he had no more time to issue the notices of promulgation.

On his failure to decide seasonably the following cases, he gave the corresponding reasons:chanrob1es virtual 1aw library

1. Criminal Cases Nos. 5034, 5035 and 5036 — records show that on June 10, 1998, or three (3) days before his compulsory retirement, he issued an order requiring the parties to submit their memoranda;

2. Criminal Cases Nos. 5160 and 5161 — he inherited these cases from Judge Romeo J. Hibionada. The records were not submitted by the Clerk of Court. Neither were these cases considered submitted for decision in the latter’s monthly report;

3. Criminal Cases Nos. 10425 and 10426 — the records of these cases were not submitted to him;

4. Civil Case No. 1684 — the transcript of stenographic notes was submitted to him only after he retired from the service on June 13, 1998;

5. Civil Case No. 3605 — this case cannot be considered submitted for decision as of June 13, 1998. On October 6, 1995, he issued an order directing the Clerk of Court to furnish the new counsel for the defendants pleadings, notices and orders relative to the case. Since then, no action has been taken by any of the parties;

6. Civil Case No. 4086 — he inherited this case from Judge Romeo J. Hibionada. The Clerk of Court did not refer the same to him for resolution or decision; and

7. Civil Case No. 7419 — this case was not listed in the monthly report of cases submitted for decision.

In a Resolution dated February 22, 2000, this Court referred the judicial audit team Report to then Court Administrator Alfredo L. Benipayo for evaluation, report and recommendation.

In his Memorandum dated May 16, 2000 addressed to the Chief Justice, Justice Benipayo stated that the nine (9) criminal cases (enumerated above) decided by Judge Arbis had been submitted for decision for more than one (1) year prior to his retirement on June 13, 1998. In fact, one of the cases, Criminal Case No. 11243, was submitted for decision as early as August 15, 1994. Had Judge Arbis decided those cases within the reglementary period, then he could have promulgated his decisions before his retirement.

Justice Benipayo recommended that for failure of Judge Arbis to render his decisions within the ninety-day reglementary period in the following cases: Criminal Cases Nos. 5160, 5161, 10425, 10426, 10449, 11243, 12438, 12601, 12602, 12810, 13592, 93-15235, 93-15248 and 95-17079, and Civil Cases Nos. 1684, 3605, 4086, 7419, he should be held administratively liable and fined twenty thousand pesos (P20,000.00) to be deducted from the seventy-five thousand pesos (P75,000.00) which was withheld from his retirement benefits per this Court’s Resolution dated January 26, 1999.

Pursuant to the Resolution of this Court dated June 26, 2000, Judge Arbis filed a Manifestation dated August 29, 2000 that he is submitting this case for decision based on the pleadings filed.chanrob1es virtua1 1aw 1ibrary

We agree with the findings and recommended penalty of the former Court Administrator.

No less than our Constitution 2 mandates lower courts to resolve or decide cases within three (3) months after they have been submitted for decision. Moreover, Rule 3.05, Canon 3 of the Code of Judicial Conduct provides that a judge shall dispose of the court’s business promptly and decide cases within the required periods. Verily, this Court has incessantly admonished members of the bench to administer justice without undue delay, for justice delayed is justice denied. The present clogged dockets in all levels of our judicial system cannot be cleared, unless every magistrate earnestly, painstakingly and faithfully complies with the mandate of the law. Undue delay in the disposition of cases amounts to a denial of justice which, in turn, brings the courts into disrepute and ultimately erodes the faith and confidence of the public in the judiciary. 3 Hence, the failure of judges to render judgment within the required period constitutes gross inefficiency and warrants the imposition of administrative sanctions on them. 4

The flimsy excuse proffered by Judge Arbis that the undecided cases were never brought to his attention before he compulsorily retired on June 13, 1998 deserves scant consideration. Rule 3.09, Canon 3 of the Code of Judicial Conduct requires judges to manage their dockets in such a manner that the work of their courts is accomplished with reasonable dispatch. It should be emphasized that the responsibility of making a physical inventory of cases primarily rests on the presiding judge. He is provided with a court staff, and a branch clerk of court who shall take steps to meet the requirements of Administrative Circular No. 10-94. 5

Moreover, a judge ought to know the cases submitted to him for decision or resolution, and he is expected to keep his own record of cases so that he may act on them without undue delay. It is incumbent upon him to devise an efficient recording and filing system in his court so that no disorderliness can affect the flow of cases and their speedy disposition. A judge cannot take refuge behind the inefficiency or mismanagement of his court personnel since proper and efficient court management is his responsibility. 6 Court personnel are not the guardians of a judge’s responsibilities. The efficient administration of justice cannot accept as an excuse the shifting of the blame from one court personnel to another. 7 A judge should be the master of his own domain and take responsibility for the mistakes of his subjects. 8

All told, we find respondent guilty of undue delay in rendering a decision which, under Section 9(1), Rule 140, as amended, of the Revised Rules of Court, is classified as a less serious charge. Under Section 11(B) of the same Rule, the penalty for such charge is suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months, or a fine of more than P10,000.00 but not exceeding P20,000.00.

WHEREFORE, this Court finds respondent Judge Antonio E. Arbis liable for undue delay in rendering decisions and imposes upon him a fine of P20,000.00, to be deducted from the P75,000.00 earlier withheld from his retirement benefits.chanrob1es virtua1 1aw 1ibrary

SO ORDERED.

Puno, Panganiban, Corona and Carpio Morales, JJ., concur.

Endnotes:



1. In a Resolution dated November 22, 1999, this Court ordered Judge Gorgonio Y. Ibanez (assigned to the Branch vacated by Judge Arbis) to recall the decisions in the above-listed criminal cases.

In a Resolution dated June 26, 2000, Judge Edgar G. Garvilles was apprised of the ruling of this Court in Jimenez v. Republic (22 SCRA 622) that "there is no valid judgment entered in a criminal case when the judge who signed the decision was no longer the judge of the court at the time of the promulgation of the decision, but another, because he has already retired," and also in Villanueva v. Estenzo (64 SCRA 407), wherein this Court held that "to be binding, a judgment must be duly signed and promulgated during the incumbency of the judge who signed it."cralaw virtua1aw library

2. Section 15 (1), Article VIII.

3. Concerned Citizen of Maddela v. Judge Ma. Theresa dela Torre-Yadao, A.M. No. RTJ-01-1639, November 27, 2002.

4. Enriquez v. Vallarta, A.M. No. MTJ-02-1398, February 27, 2002, citing Maquiran v. Lopez, 359 SCRA 40 (2001) and Gil v. Janolo, Jr., 347 SCRA 6 (2000).

5. Sianghio, Jr. v. Reyes, 363 SCRA 716, 724 (2001); Office of the Court Administrator v. Quiñanola, 317 SCRA 37 (1999); Administrative Circular 10-94 refers to the conduct of Docket Inventory and Monthly Posting of List of Submitted Cases.

6. V.C. Ponce, Inc. v. Eduarte, 343 SCRA 445, 461 (2000); Bernardo v. Fabros, 307 SCRA 28, 35 (1999); Tauro v. Colet, 306 SCRA 340, (1999), citing Office of the Court Administrator v. Villanueva, 279 SCRA 267, 273 (1997) Cueva v. Villanueva, 305 SCRA 459, 465–466 (1999); citing Agcaoili v. Ramos, 229 SCRA 705.

7. Tan v. Madayag, 231 SCRA 62, 67 (1994).

8. Pantaleon v. Guadiz, Jr., 323 SCRA 147, 151 (2000).




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






January-2003 Jurisprudence                 

  • A.C. No. 5036 January 13, 2003 - RIZALINO C. FERNANDEZ v. DIONISIO C. ISIDTO

  • A.C. No. 5764 January 13, 2003 - REUBEN M. PROTACIO v. ROBERTO M. MENDOZA

  • A.C. No. 5831 January 13, 2003 - CESAR A. ESPIRITU v. JUAN CABREDO IV

  • A.M. No. MTJ-03-1469 January 13, 2003 - ROLANDO GUYUD v. RENATO P. PINE

  • G.R. No. 121772 January 13, 2003 - ELNORA R. CORTES, ET AL. v. COURT OF APPEALS, ET.AL.

  • G.R. No. 128573 January 13, 2003 - NAAWAN COMMUNITY RURAL BANK INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133737 January 13, 2003 - PEOPLE OF THE PHIL. v. JONATHAN DIAZ

  • G.R. Nos. 137982-85 January 13, 2003 - PEOPLE OF THE PHIL. v. SATURNINO TUPPAL

  • G.R. No. 139885 January 13, 2003 - BANGKO SENTRAL NG PILIPINAS v. JESUS G. SANTAMARIA, ET AL.

  • G.R. No. 143156 January 13, 2003 - TEDDY MOLINA v. COURT OF APPEALS, ET AL.

  • G.R. No. 146073 January 13, 2003 - JERRY E. ACEDERA v. INTERNATIONAL CONTAINER TERMINAL SERVICES

  • G.R. No. 146650 January 13, 2003 - DOLE PHIL., INC. v. PAWIS NG MAKABAYANG OBRERO

  • G.R. No. 147148 January 13, 2003 - PILAR Y. GOYENA v. AMPARO LEDESMA-GUSTILO

  • G.R. No. 147315 January 13, 2003 - PEOPLE OF THE PHIL. v. TOMAS VISPERAS, JR.

  • G.R. No. 152143 January 13, 2003 - ROMEL P. ALMEDA v. LEONOR A. CARIÑO

  • A.C. No. 5843 January 14, 2003 - JENO A. PILAPIL v. GERARDO CARILLO

  • G.R. Nos. 134823-25 January 14, 2003 - PEOPLE OF THE PHIL. v. ARTHUR PANGILINAN, ET AL.

  • G.R. Nos. 140961-63 January 14, 2003 - PEOPLE OF THE PHIL. v. BOBBY GALIGAO

  • G.R. Nos. 141112–13 January 14, 2003 - PEOPLE OF THE PHIL. v. FELIX J. LOPEZ

  • G.R. No. 147606 January 14, 2003 - PEOPLE OF THE PHIL. v. ROGELIO MIRANTE, SR.

  • A.M. Nos. 01-12-01-SC & SB-02-10-J January 16, 2003 - RE: ANACLETO D. BADOY, JR.

  • A.M. No. P-01-1476 January 16, 2003 - EMMA A. ALBELLO v. JOSE O. GALVEZ

  • G.R. Nos. 115236–37 January 16, 2003 - PEOPLE OF THE PHIL. v. BRYAN FERDINAND DY, ET AL.

  • G.R. No. 126863 January 16, 2003 - SPS. NAPOLEON and EVELYN GAZA, ET AL. v. RAMON J. LIM, ET AL.

  • G.R. No. 126908 January 16, 2003 - PHIL. NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 131860 January 16, 2003 - PEOPLE OF THE PHIL. v. MARLON MORALDE

  • G.R. No. 140468 January 16, 2003 - OLYMPIA HOUSING v. PANASIATIC TRAVEL CORP., ET AL.

  • G.R. No. 142860 January 16, 2003 - PEOPLE OF THE PHIL. v. VICTOR T. TAPERLA

  • G.R. No. 146805 January 16, 2003 - PEOPLE OF THE PHIL. v. RUEL A. EUGENIO, ET AL.

  • G.R. No. 147764 January 16, 2003 - PEOPLE OF THE PHIL. v. DANILO CUETO

  • G.R. No. 148137 January 16, 2003 - PEOPLE OF THE PHIL. v. DOMINGA CORRALES FORTUNA

  • G.R. No. 148193 January 16, 2003 - PEOPLE OF THE PHIL. v. RAFAEL JOSE CONSING

  • G.R. No. 148789 January 16, 2003 - BPI FAMILY SAVINGS BANK, ET AL. v. ROMEO MANIKAN

  • G.R. Nos. 149392–94 January 16, 2003 - PEOPLE OF THE PHIL. v. LUCILO P. UNTALAN

  • A.C. No. 5811 January 20, 2003 - MARITESS GARCIA v. ILUMINADO M. MANUEL

  • A.C. No. 5841 January 20, 2003 - EMILY SENCIO v. ROBERT CALVADORES

  • A.M. No. 99-1-01-RTC January 20, 2003 - RE: CASES LEFT UNDECIDED BY RETIRED JUDGE ANTONIO E. ARBIS, RTC, BR. 48, BACOLOD CITY

  • G.R. No. 135638 January 20, 2003 - OSCAR A. BAGO v. PEOPLE OF THE PHIL.

  • G.R. No. 136860 January 20, 2003 - PEOPLE OF THE PHIL. v. AGPANGA K. LIBNAO

  • G.R. Nos. 140546-47 January 20, 2003 - PEOPLE OF THE PHIL. v. MODESTO TEE

  • G.R. No. 140960 January 20, 2003 - LUDO & LUYM CORP. v. FERDINAND SAORNIDO, ET AL.

  • G.R. Nos. 146284-86 January 20, 2003 - PEOPLE OF THE PHIL. v. ABDUL D. MACALABA

  • G.R. No. 146458 January 20, 2003 - PEOPLE OF THE PHIL. v. MARCIAL L. LLANTO

  • G.R. No. 147511 January 20, 2003 - MARINA Z. REYES; ET AL. v. NATIONAL HOUSING AUTHORITY

  • G.R. No. 147615 January 20, 2003 - VIRGILIO SANTOS v. PEOPLE OF THE PHIL.

  • G.R. No. 149492 January 20, 2003 - JOEL LUCES v. PEOPLE OF THE PHIL.

  • G.R. No. 154198 January 20, 2003 - PETRONILA S. RULLODA v. COMELEC, ET AL.

  • A.M. No. MTJ-03-1474 January 21, 2003 - MERLITA DAPADAP Vda. DE DANAO v. MANUEL V. GINETE

  • G.R. Nos. 138539-40 January 21, 2003 - PEOPLE OF THE PHIL. v. ANTONIO C. ESTELLA

  • A.C. No. 5948 January 22, 2003 - GAMALIEL ABAQUETA v. BERNARDITO A. FLORIDO

  • A.M. No. 2002-12-SC January 22, 2003 - Re: Administrative Complaint for Non-Payment of Debt Against Nahren Hernaez

  • A.M. No. MTJ-03-1471 January 22, 2003 - PROSECUTOR ROBERT M. VISBAL v. MARINO S. BUBAN

  • A.M. No. P-02-1646 January 22, 2003 - UBALDINO A. LACUROM v. MANUEL J. MAGBANUA

  • A.M. No. P-03-1670 January 22, 2003 - JOSEPH ANGELES v. REMEDIOS C. BASE

  • A.M. No. RTJ-02-1739 January 22, 2003 - LIZA LIMLIMAN, ET AL. v. NELSONIDA T. ULAT-MARRERO

  • G.R. Nos. 123269-72 & 131243 January 22, 2003 - PEOPLE OF THE PHIL. v. MARLON SARAZAN

  • G.R. No. 131471 January 22, 2003 - CARMELITA T. PANGANIBAN v. PILIPINAS SHELL PETROLEUM CORP.

  • G.R. No. 133036 January 22, 2003 - JOY LEE RECUERDO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 135241 January 22, 2003 - PEOPLE OF THE PHIL. v. PLACIDO LUNA

  • G.R. Nos. 139637-38 January 22, 2003 - PEOPLE OF THE PHIL. v. MANUEL ESPERIDA

  • G.R. Nos. 141773-76 January 22, 2003 - PEOPLE OF THE PHIL. v. ROSENDO LAYOSO SENDONG

  • G.R. No. 142000 January 22, 2003 - TAGAYTAY HIGHLANDS INTERNATIONAL GOLF CLUB INCORPORATED v. TAGAYTAY HIGHLANDS EMPLOYEES UNION-PGTWO

  • G.R. No. 143403 January 22, 2003 - FILONILA O. CRUZ v. CELSO D. GANGAN

  • G.R. No. 145800 January 22, 2003 - CENTRAL PANGASINAN ELECTRIC COOPERATIVE v. GERONIMA MACARAEG, ET AL.

  • G.R. No. 148766 January 22, 2003 - JOSE V. SALVADOR v. PHILIPPINE MINING SERVICE CORP.

  • G.R. Nos. 152151-52 January 22, 2003 - SAADUDDIN M. ALAUYA v. COMELEC

  • A.M. No. 02-1-50-RTC January 23, 2003 - RE: DETAIL OF MR. AUSTACIO A. BAYABOS, JR. TO THE REGIONAL TRIAL COURT, BRANCH 21, MAMBUSAO, CAPIZ.

  • A.M. No. 02-9-580-RTC January 23, 2003 - RE: REPORT ON THE MONITORING OF CASES IN THE RTC, BRANCH 64, LABO, CAMARINES NORTE

  • A.M. No. MTJ-99-1238 January 24, 2003 - EDGARDO R. TORCENDE v. AGUSTIN T. SARDIDO

  • G.R. Nos. 128106-07 January 24, 2003 - PEOPLE OF THE PHIL. v. GONZALO BALDOGO

  • G.R. Nos. 143468-71 January 24, 2003 - PEOPLE OF THE PHIL. v. FREDDIE LIZADA

  • A.C. No. 5310 January 28, 2003 - LINA P. VILLAROSA, ET AL. v. OSMONDO V. POMPERADA

  • A.M. No. 02-1414-MTJ January 28, 2003 - MARCELO E. GRAVELA v. OSMUNDO M. VILLANUEVA

  • A.M. No. 96-1-05-RTC January 28, 2003 - SALVADOR S. ABAD SANTOS v. SALVADOR P. DE GUZMAN

  • A.M. No. P-02-1582 January 28, 2003 - AGUSTIN OLIVEROS v. MURIEL S. SAN JOSE

  • A.M. No. RTJ-02-1680 January 28, 2003 - VICENTE A. PICHON v. LUCILO C. RALLOS

  • G.R. Nos. 120625-29 January 28, 2003 - PEOPLE OF THE PHIL. v. CARLITO M. MARAHAY

  • G.R. Nos. 122544 & 124741 January 28, 2003 - REGINA P. DIZON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 124474 & 139972-78 January 28, 2003 - PEOPLE OF THE PHIL. v. SILVERIO MONTEMAYOR

  • G.R. Nos. 126147 & 143925-26 January 28, 2003 - PEOPLE OF THE PHIL. v. LEONCIO LAWA

  • G.R. No. 132163 January 28, 2003 - GRACIANO PAPUNAN v. DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD, ET AL.

  • G.R. No. 135306 January 28, 2003 - MVRS PUBLICATIONS, ET AL. v. ISLAMIC DA’WAH COUNCIL OF THE PHIL., ET AL.

  • G.R. No. 136112 January 28, 2003 - CONRADO M. VICENTE, ET AL. v. PLANTERS DEVELOPMENT BANK, ET AL.

  • G.R. Nos. 136870-72 January 28, 2003 - PEOPLE OF THE PHIL. v. WILSON G. SALVADOR

  • G.R. No. 137407 January 28, 2003 - PEOPLE OF THE PHIL. v. WILLERIE AVENDAÑO

  • G.R. No. 138404 January 28, 2003 - PEOPLE OF THE PHIL. v. RAFAEL CALOZA, JR.

  • G.R. No. 140402 January 28, 2003 - PEOPLE OF THE PHIL. v. ERASTO ACOSTA, ET AL.

  • G.R. No. 140473 January 28, 2003 - MELBA MONCAL ENRIQUEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142773 January 28, 2003 - PEOPLE OF THE PHIL. v. MARLON DELIM, ET AL.

  • G.R. Nos. 145007-08 January 28, 2003 - FIDEL AMARILLO v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 148468, 148769 & 149116 January 28, 2003 - EDWARD SERAPIO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 149199 January 28, 2003 - PEOPLE OF THE PHIL. v. NEMESIO BON

  • G.R. No. 149440 January 28, 2003 - HACIENDA FATIMA, ET AL. v. NATIONAL FEDERATION OF SUGARCANE WORKERS-FOOD AND GENERAL TRADE

  • G.R. No. 151218 January 28, 2003 - NATIONAL SUGAR TRADING and/or the SUGAR REGULATORY ADMINISTRATION v. PHILIPPINE NATIONAL BANK

  • G.R. No. 124267 January 31, 2003 - NATIONAL COMMERCIAL BANK OF SAUDI ARABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 132765 January 31, 2003 - GLICERIO R. BRIOSO v. SALVADORA RILI-MARIANO, ET AL.

  • G.R. Nos. 140727-28 January 31, 2003 - PEOPLE OF THE PHIL. v. RAQUIM PINUELA

  • G.R. Nos. 144989-90 January 31, 2003 - PEOPLE OF THE PHIL. v. JOVITO MANALO